Judgment: 2024-11-01 · Court archive

High Court orders Codling survey licence amended but dismisses most challenge

The court found that three environmental safeguards assessed as necessary were omitted from the licence without explanation. It rejected the applicants’ other grounds and ordered the stay lifted, subject to compliance with the proposed conditions.

High Court, Planning & Environment · [2024] IEHC 610

Who, what, where, when and why

Who
  • Ivan Toole
  • Golden Venture Fishing Limited (Applicant)
  • Codling Wind Park Limited
  • The Maritime Area Regulatory Authority
What

The court found that three environmental safeguards assessed as necessary were omitted from the licence without explanation. It rejected the applicants’ other grounds and ordered the stay lifted, subject to compliance with the proposed conditions.

Where

Places mentioned in the report

  • Counties Wicklow and Dublin
  • Dublin
When

Judgment:

Other dates in the report
  • 18 November 2024

    Subject to any contrary written submissions within 14 days, the order provides for MARA to be made a respondent, the Minister for the Environment, Climate and Communications to replace the first named respondent, and the proceedings otherwise to be dismissed with no order as to costs. The stay was discharged, with the licensee required to comply with the proposed conditions pending formal amendment. The matter was listed for 18 November 2024 to confirm the order.

Why

Reasons reported in the judgment

In a judgment delivered on 1 November 2024, Mr Justice Humphreys found that three mitigation conditions identified in the appropriate assessment were omitted from the final licence without reasons. The licence also contained a typographical error in a condition about compliance with mitigation measures. The court said these defects should be corrected, but did not quash the licence.

The High Court has ordered the Maritime Area Regulatory Authority (MARA) to amend a foreshore licence for temporary environmental surveys linked to the proposed Codling Wind Park offshore wind farm. Most of a judicial review brought by Ivan Toole and Golden Venture Fishing Limited was dismissed.

In a judgment delivered on 1 November 2024, Mr Justice Humphreys found that three mitigation conditions identified in the appropriate assessment were omitted from the final licence without reasons. The licence also contained a typographical error in a condition about compliance with mitigation measures. The court said these defects should be corrected, but did not quash the licence.

The licence, granted to Codling Wind Park Limited in May 2023, authorises site investigations off counties Wicklow and Dublin. The court’s order requires MARA to add conditions concerning coordination with other survey projects and works, and to correct the wording error. The judgment said those measures were needed to address possible effects on European sites and that omitting them without explanation raised a concern under EU law and domestic administrative law.

The applicants had argued that Codling breached a licence condition by carrying out geotechnical surveys before geophysical surveys, and that the licence should be terminated. The judge rejected that claim. He found no breach because geophysical surveys carried out under an earlier licence could be relied on, and said any power to revoke the licence was discretionary and belonged to MARA. MARA had been joined as a notice party, not as a respondent against which the applicants sought relief on that claim.

The court also rejected challenges alleging inadequate mitigation measures and inadequate assessment of cumulative impacts. It held that the applicants had not produced sufficient evidence to show that the alleged shortcomings created a risk to the integrity of European sites. The applicants had made no submission during the public consultation on the licence application.

The court declined to refer questions to the Court of Justice of the European Union, finding that the proposed questions were not necessary to decide the case. It dismissed the request to declare survey data unlawful and the claim seeking termination of the licence.

Subject to any contrary written submissions within 14 days, the order provides for MARA to be made a respondent, the Minister for the Environment, Climate and Communications to replace the first named respondent, and the proceedings otherwise to be dismissed with no order as to costs. The stay was discharged, with the licensee required to comply with the proposed conditions pending formal amendment. The matter was listed for 18 November 2024 to confirm the order.

Read the original court judgment

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